Common use of Undue Burden and Fundamental Alteration Clause in Contracts

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director or by an individual designated by the Director and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

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Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE Learning Ally asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director Chief Executive Officer or by an individual designated by the Director Chief Executive Officer and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE Learning Ally as their nondisabled peers.

Appears in 1 contract

Samples: www2.ed.gov

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE the Recipient asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director President or by an individual designated by the Director President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE the Recipient as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE MMSD asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director Superintendent or by an individual designated by the Director and Superintendent who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE MMSD as their nondisabled peers.

Appears in 1 contract

Samples: www2.ed.gov

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE the District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director District President or by an individual designated by the Director President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE the District as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this inthis Agreement for which IDOE the Academy asserts an undue burden or fundamental alteration defense, such assertion may only be made by the The Academy Executive Director or by an individual designated by the Executive Director and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, ,including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other ,other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE the Academy as their nondisabled peers.

Appears in 1 contract

Samples: www2.ed.gov

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Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE the USDB asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director Superintendent or by an individual designated by the Director and Superintendent who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE the USDB as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE the recipient asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director President of or by an individual designated by the Director and President who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE the recipient as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which IDOE the Network asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Director Chief Executive Officer (CEO) or by an individual designated by the Director CEO and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by IDOE the Network as their nondisabled peers.

Appears in 1 contract

Samples: www2.ed.gov

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